Friday, December 27, 2013

Security Stove & Mfg. Co. v. American Railway Express Co. case brief

Defendant appealed from the Circuit
Court of Jackson County (Missouri) which entered judgment in favor of
plaintiff in a breach of contract claim.

CASE FACTSPlaintiff manufactured a furnace and
wanted to exhibit it at a convention and employed defendant to ship
the furnace. She made arrangements for the exhibit, such as renting
space and booking a hotel room. Plaintiff also advised defendant of
the purpose of the shipment. Defendant assured plaintiff it would
arrive before a specific date, but failed to deliver the shipment on
time. Judgment was entered in favor of plaintiff. Defendant appealed,
alleging that plaintiff could only recover for loss of profits, which
there was no evidence of, and not for expenses incurred.

DISCUSSION

On appeal,
the court affirmed, finding the damages plaintiff suffered were in
contemplation of defendant performing its contract and plaintiff
relied on defendant to perform the contract after advising of the
purpose of the shipment.

Thus, judgment in favor of plaintiff for the
damages incurred in lost expenses, which grew out of the breach of
contract, was proper.

CONCLUSIONThe court affirmed judgment in favor of
plaintiff for expenses incurred, since the injury plaintiff suffered
was in contemplation of defendant performing its contract and
plaintiff relied on defendant to perform the contract after advising
of the purpose of the shipment.

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